(A) A conditional use permit may be issued by the Board of Zoning Adjustment for uses designated in § 157.201. Prior to rendering a decision on the issuance of a conditional use permit, the Board of Zoning Adjustment shall hold a public hearing. Each application for a conditional use permit shall be made upon forms provided by the city.
(B) Upon receipt of the application, the Zoning Administrator shall prepare a notice of a public hearing to be posted on the property for which the conditional use permit is sought; and duly advertised in a local newspaper. The Zoning Administrator shall review all applications and present his recommendations to the Board of Zoning Adjustment. Other applicable agencies may be asked to comment on the application prior to the public hearing. The Zoning Administrator shall also notify by mail all property owners within 200 feet of the applicant's site with notice of the public hearing.
(C) Either the applicant or a designated agent shall present the proposal and its merits at the public hearing.
(D) A site development plan as detailed in §§ 157.160 through 157.166 is required prior to Board action on a conditional use permit application. Such plan shall be approved by the Board as to the general design, and standards listed in this subchapter. The Zoning Administrator shall conduct a technical review as to the provisions of § 157.160 through 157.166 prior to the Board hearing.
(E) After the public hearing where the applicant, supporting, and opposing testimonies are heard, the Board of Zoning Adjustment may grant or deny the conditional use permit requested. The conditional use permit, if granted, shall include approval of such plans as may be required. In granting the permit, the Board of Zoning Adjustment shall find each and all of the following:
(1) A statement of the factual determination by the Board of Zoning Adjustment which justifies the issuance of the permit; and
(2) A statement of the specific conditions which must be met in order for the use to be permitted.
(F) The Board of Zoning Adjustment may approve, modify, or deny any application for a conditional use permit. If it approves such permit, the Board may attach necessary conditions to render the proposed use more compatible with the area in which it is to be located. Any such conditions shall be recorded in the Board's minutes and on the conditional use permit. All conditions shall run with the land (except in the case of temporary permits, the duration of which shall be stated within the conditions). Such conditions may not relax the adopted standards in § 157.178, but may be more restrictive or in addition thereto.
(G) The Board of Zoning Adjustment shall have the power to revoke Conditional Use Permits for noncompliance. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator.
(H) (1) The Zoning Administrator shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually in order to ascertain that the landowner is complying with all of the conditions listed on the permit.
(2) If the landowner is not complying with all the conditions, the Zoning Administrator shall report the fact to the Board of Zoning Adjustment and the landowner, specifying the noncompliance. The Board shall hold a public hearing on the report, with notice of the hearing furnished to the landowner at least one week in advance. If the Board finds such noncompliance, it may authorize the Zoning Administrator to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity.
(Ord. 101-1986, passed 10-7-86; Am. Ord. 158-2009, passed 11-19-09)